Can a plaintiff obtain injunctive relief against a physician who has been found to have dealt unfairly with another physician?

California, United States of America


The following excerpt is from Jones v. Fakehany, 261 Cal.App.2d 298, 67 Cal.Rptr. 810 (Cal. App. 1968):

The patient may not properly be regarded as the subject of 'ownership' and his right to seek and obtain treatment from a licensed physician of his own choice may not be denied him in order to protect the 'property rights' of any competing physician or clinic. When it is found that the patient's chosen physician, in his role as a businessman, has dealt unfairly with another, injunctive relief may properly enjoin any continuance of the unfair competition and damages may be awarded to compensate for any injury inflicted by the wrongful conduct of the offending practitioner. (Cf. Matzen v. Horwitz, 102 Cal.App.2d 884, 893, 228 P.2d 841.) However, the injunctive order must not be so drawn as to impinge upon the paramount right of the patient to obtain the services of the physician of his choice.

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